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For Immediate
Release
6/28/11
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Governor Signs Senator Corman's Lawsuit
Reform Legislation
HARRISBURG – Governor Tom Corbett today signed into law legislation sponsored
by Senator Corman (R-Centre) aimed at restoring fairness to the judicial system
by reforming the application of joint and several liability. The legislation
passed both chambers with bi-partisan support.
Known as the "Fair Share Act," the legislation is based on the premise that a
defendant should only be responsible for paying his or her fair share of damages
in a civil case. Our civil justice system is not supposed to be used as a
lottery – it should be based on fairness, common sense and responsibility,"
Corman said. "The current system allows for abuse that has a significant impact
on every individual in Pennsylvania through higher costs and lower economic
opportunity."
Under the joint and several system, defendants found liable in a civil suit
could be required to pay the full verdict, even if they are minimally
responsible.
Senate Bill 1131 reforms the tort doctrine by disallowing joint liability in
cases where a defendant is less than 60 percent legally responsible.
Pennsylvania is one of nine states, and the District of Columbia, that has not
passed this measure of lawsuit reform.
"The bill strikes the right balance between fostering a healthy business
environment for job growth and ensuring victims will remain compensated for
their injuries," said Corman.
In 2002, the Fair Share Act was signed into law only to be struck down on a
procedural court challenge. It was passed again in 2005, but was vetoed by Gov.
Ed Rendell.
"This is a big step forward to helping business in our state remain viable
and bringing new jobs and opportunity to our state," Sen. Corman said.
"Reforming the joint and several liability system in Pennsylvania provides
fairness and predictability. Defendants in civil cases should be assessed
according to their level of responsibility, not by how deep their pockets are.
This legislation is long overdue."
Contact:
Scott Sikorski
(717)-787-1377
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